Warsaw Convention on International Carriage by Air
The Warsaw Agreement on Carriage by International Air Transport (also known as the Warsaw Convention for short ) is an international agreement to simplify the rules governing carriage by international air traffic , which has since been superseded for many countries by the Montreal Convention .
Essence
The agreement was signed in Warsaw on October 12, 1929 and ratified for Germany in 1933. The contract regulates both international air transport of passengers and the transport of air freight . The prerequisite for the applicability of the agreement is that either the states of the departure and destination airports have ratified this agreement or that the applicability is expressly agreed in the specific air transport contract.
Are the content of the contract
- Regulations for the flight ticket and the flight baggage ticket
- Regulations on the air waybill
- Questions of liability for violations of a tortious and contractual nature
- Special features of mixed transport
- international law enforcement
The Warsaw Agreement was subsequently amended and supplemented several times, for example by the Hague Protocol of 1955, the Montreal Interim Agreement of 1966 and the four Montreal Protocols of 1975. In Germany's relationship with most of the other signatory states, the Warsaw Agreement was last applicable in the Version of the Hague Protocol, ratified in 1958.
The Warsaw Agreement and its successor agreements are fragmented regulations that in many respects no longer meet the requirements of the present day. In particular, the low liability limits are criticized. In many countries it has since been replaced by the Montreal Convention signed in 1999 ; however, the Warsaw Convention is still in force in some states. Which states are members of the Warsaw Convention, one of the international follow-up agreements or the Montreal Convention can be inquired at the International Civil Aviation Organization (ICAO).
literature
- Ingo Koller : Transport law. Commentary , 9th edition, Munich 2016, CH Beck, ISBN 978-3-40670-113-9 . (Commentary on the WA, the ZAG and the MT, however, only with regard to the transport of goods)
- Olaf Hartenstein, Fabian Reuschle (eds.): Handbook of the specialist lawyer for transport and forwarding law , 3rd edition, Cologne 2015, Carl Heymanns publishing house, ISBN 978-3-45228-142-5 . (only with regard to freight transport)
- Elmar Giemulla , Ronald Schmid : Frankfurt commentary on aviation law. Vol. 1-4. Commentary , loose-leaf collection, Cologne; Luchterhand Verlag , ISBN 978-3-472-70430-0 .
Individual evidence
- ↑ Note: Since not all states in the world are contracting states of the Montreal Convention (MT), it must be checked in individual cases whether the old Warsaw Agreement (WA) of 1929/1955, the Supplementary Agreement from Guadalajara to Warsaw, does not apply to specific transport Agreement (ZAG) or one of the other international agreements applies to the specific transport. The relationship between the MT and this agreement is governed by Article 55 MT. The International Civil Aviation Organization (ICAO) can inquire about the current status of the members of the individual international air transport contracts: International Civil Aviation Organization: Current lists of parties to multilateral air law treaties
- ↑ International Civil Aviation Organization: Current lists of parties to multilateral air law treaties ( Memento of September 26, 2011 in the Internet Archive )